BUI DUC CONG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

BUI DUC CONG v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Leave was refused because the application was grossly out of time (approximately 12 months) without any good explanation; the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the primary decisionmakers had reasonably found the risk...

Source-derived case information.

Citation
[2022] HKCFI 2341
Parties
Applicant: Bui Duc Cong; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2022
Case Number
HCAL2116/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Stage Decision on Leave (dismissed)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Internal Relocation, Delay and Extension of Time, Judicial Review Scope, Credibility Assessment
Source Language
en
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Internal Relocation Delay and Extension of Time +2 more

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Parties

Bui Duc Cong

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Stage Decision on Leave (dismissed)

Legal Issues

  1. 1 Whether the applicant should be granted leave to apply for judicial review
  2. 2 Whether the 12-month delay in seeking leave should be excused
  3. 3 Whether the Director and the Board erred in law, breached procedural fairness or acted irrationally in assessing risk

Ratio Decidendi

Leave was refused because the application was grossly out of time (approximately 12 months) without any good explanation; the applicant failed to identify any arguable legal error, irrationality or procedural unfairness in the Director's or Board's decisions; the primary decisionmakers had reasonably found the risk to be localized, low in intensity and that state protection and internal relocation were available, and the applicant later confirmed it was safe to return; on those bases there was no prospect of success and no good reason to extend time.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • The application for leave to apply for judicial review be dismissed.